About Small Claims
Small claims court is an informal court which allows people to sue for small losses of money or property. The procedures are simple enough so that an individual can file and handle their own claim in court.
The limit set by the law for small claims actions is $12,000 or less. SDCL 16-12C-13. However, since this limit may change from time to time, it is suggested that the plaintiff (that is the person bringing the action to court) verify with the clerk of court the maximum amount that can be claimed.
Guide and File Start a Small Claims
The Guide and File system will help you create the documents you need to initiate a small claims action by asking you a series of questions and that will then generate completed forms for you to print.
Guide and File Answer a Small Claims
If you were served with a small claims action, the Guide and File system will help you create the documents you need to answer the Small Claims action. You will answer a series of questions that will then generate completed forms for you to print.
ALL FORMS MUST BE PRINTED SINGLE-SIDED AND COMPLETED IN BLACK INK
You will need Adobe Acrobat Reader installed to view these forms. If you do not have Adobe Reader, click here to download.
To download PDF documents right click on the link. This should pop up a menu. Select option "Save Link As" or "Save Target As". Locate where the document needs to be saved and click the Save button.
Initiate a Small Claims Action
Guide to Small Claims Court
Explains how individuals can resolve small financial disputes without lawyers. Details processes, fees, and court procedures.
English
Small Claims Filing Fees
A summary of filing fees for South Dakota small claims cases, outlining costs based on claim amounts, additional charges, and postage requirements.
English
Plaintiff's Statement of Claim
A form for plaintiffs in South Dakota small claims court to outline claims, amounts due, and service preferences, requiring details of the basis for the claim.
English
UJS-232 Case Filing Statement
Form for South Dakota case filing, collecting personal and business details, legal representation, and case type specifics for record-keeping.
English
Affidavit of Defendant's Military Status
A form required to confirm a defendant's military status before a default judgment in South Dakota, detailing investigation methods and compliance steps.
English
Dispute a Small Claims Action
Denial/Counter Claim Instructions
A form for defendants in South Dakota small claims court to respond to claims or file counterclaims, requiring detailed replies and optional notarized verification.
English
Dismiss a Small Claims Action
UJS-255 Small Claims Notice of Dismissal
A form that can be used by the plaintiff to dismiss a small claims action.
English
Filing of Satisfaction of Judgment
Satisfaction of Judgment
A document for judgment creditors in South Dakota to formally acknowledge payment fulfillment, satisfying the judgment and closing the small claims case.
English
Plaintiff's Small Claims Packet
Plaintiff's Small Claims Packet (Print All)
A packet with the combined forms listed above for the plaintiff in a small claims action.
English
Small Claims Garnishments
The following is the South Dakota statute that relates to Small Claims garnishments along with links to three different related forms.
Statute 21-18-1. Actions or small claims proceedings in which garnishment available-Persons and agencies subject to garnishment. In any action or small claims proceeding to recover damages founded upon contract, express or implied, or pursuant to judgment or decree, any creditor is entitled to proceed by garnishment in any court having jurisdiction of the subject of the action, against any person, as defined in § 15-7-1, including the state and any municipal or public corporation, and including any corporation organized or authorized to be organized by or under the laws of any state or of the United States, which has the power to sue or be sued who shall be indebted to or have any property, real or personal, in its possession or under its control belonging to such creditor's debtor, in the cases, upon the conditions, and in the manner prescribed in this chapter.
Source: SDC 1939, § 37.2801; SL 1939, ch 143; SL 1990, ch 157, § 1; SL 2001, ch 107, § 1.
For Questions on Forms
For specific questions on UJS forms, you can email UJS staff at ujssrlhelp@ujs.state.sd.us or call the legal form helpline at 1-855-784-0004.